Opinion
No. 4541.
Decided June 20, 1917.
Perjury — Final Sentence — Practice on Appeal.
In the absence of a final judgment and sentence in the record, the appeal must be dismissed on motion of the State.
Appeal from Bosque. Tried below before the Hon. OL. Lockett.
Appeal from a conviction of perjury; penalty, two years imprisonment in the penitentiary.
The opinion states the case.
No brief on file for appellant.
E.B. Hendricks, Assistant Attorney General, for the State.
This is an appeal from a conviction for perjury and the lowest punishment assessed.
When appellant's motion for a new trial was overruled he then gave notice of appeal, which was duly entered at the time in the minutes of the court. There is no sentence — final judgment — in the record.
The Assistant Attorney General's motion to dismiss the appeal will, therefore, be granted.
Appeal dismissed.
Dismissed.